JUDGMENT

Paripoornan, J.-The plaintiff in Civil Suit No. 40 of 1970-Civil Judge, Junior Division, Vaduj, is the appellant herein. His father one Shripati executed a possessory mortgage of the suit property, R.S. No. 244/23 situate at Lalgun Taluka Khatav, Distt. Satara, by Exhibit 35A dated 3.4.1947 for Rs. 1,200/- in favour of the first respondent, (1st defendant), Bapu Ganpati Jagtap. Pending this appeal, first respondent died on 1.6.1985. His three sons Nivruti Bapusaheb Katkar (Jagtap), Dnyandev Bapusaheb Katkar (Jagtap) and Sahelrao Bapusaheb Katkar (Jagtap) have been impleaded as his legal representatives. The second respondent Laxmi Devi Shripati Nale is the appellant s mother. Exhibit 35A mortgage was for a period of 12 years. The mortgagee was to take the income of the property and appropriate the same towards the interest due etc. Appellant s father died in 1953. The appellant was a minor then. The mortgage could not be redeemed within the period fixed. After the expiry of the said period, the appellant cause a notice to be sent agreeing to repay the mortgage amount Rs. 1,200/- and sought redemption. The first respondent declined to accede to the request. So, the suit was